We have recently observed a rising number of cases involving F1 and J1 non-immigrants who have encountered erroneous terminations of their SEVIS (Student and Exchange Visitor Information System)
SEVIS is an online system used by the Department of Homeland Security (DHS) to maintain information about non-immigrant students and exchange visitors in the United States. The SEVIS record is crucial for maintaining your legal status, and any errors can have serious consequences.
Some F-1 and J-1 status holders are mistakenly seeing their SEVIS records marked as terminated when, in reality, a “Consular Notification” decision was issued. This confusion can occur during the Change of Status process, where USCIS decisions may not always align with the actual status of an individual’s SEVIS record.
What Should You Do?
If you believe your SEVIS record has been erroneously terminated, you should take the following steps:
Contact Your School’s DSO/ARO: Reach out to your Designated School Official (DSO) or Alternate Responsible Officer (ARO) as soon as possible. Inform them of the issue and provide any relevant documentation such as your I-797 B notice.
Ask your DSO/ARO or program officer to contact the SEVIS Help Desk at USCIS/SEVP to rectify the error. They will need to send a PDF of your approval notice that clearly indicates “Consular Notification” to the SEVIS Help Desk.
Be aware that many DSO/AROs may not have complete knowledge of the SEVP system and could deny your request. It’s essential to communicate the urgency of your situation. Explain how the erroneous termination adversely affects your status, as you cannot remain as a student or transition to H-1B status with a terminated record.
If you encounter resistance from your DSO/ARO, consider calling SEVP customer support directly. When doing so, request to speak with a Level 2 officer who may have a better understanding of complex cases like yours.
Encourage your DSO/ARO to take proactive measures in working with SEVP to resolve this matter promptly. Their support is crucial in ensuring your status is corrected.
Ensure that your DSO/ARO follows up on the request to confirm that the correction has been made.
How to Contact SEVIS
Your DSO/ARO can send the necessary documentation to the SEVIS Help Desk at the following contact points:
Email: SEVP@ice.dhs.gov
Phone: (703) 603-3400 (SEVP Response Center)
Technical Help: (800) 892-4829
If your pending OPT or STEM OPT request is denied due to an incorrect SEVIS termination by USCIS, your employer or the attorney of record may contact psc.studentead@uscis.dhs.gov to notify USCIS of the erroneous SEVIS termination and request the reactivation of SEVIS, along with the subsequent approval of the pending I-765.
For more detailed guidelines on how to send PDFs and other inquiries, please refer to the official SEVIS contact page: SEVIS Help.
Frequently Asked Questions (FAQs)
What does SEVIS stand for?
SEVIS stands for the Student and Exchange Visitor Information System. It is a system used by the U.S. Department of Homeland Security to maintain information on nonimmigrant students and exchange visitors.
What is a “Consular Notification” decision?
A “Consular Notification” decision refers to a situation where a visa holder is notified to apply for their visa at a U.S. consulate abroad rather than changing their status within the U.S.
What does it mean if my SEVIS record is terminated?
A terminated SEVIS record indicates that you are no longer in lawful status as a student or exchange visitor, which can lead to severe consequences, including deportation.
How do I know if my SEVIS record is terminated?
You can verify your SEVIS status through your school’s DSO/ARO. They can check the status directly in SEVIS and provide you with the current information. You can also verify your SEVIS Status on your SEVP account.
What should I do if my DSO/ARO is unresponsive?
If your DSO/ARO is unresponsive, consider reaching out to another school official, try contacting SEVP customer support yourself or you may want to consult with an immigration attorney for further assistance.
How long does it take to correct an erroneous SEVIS termination?
The time it takes to correct a SEVIS record can vary. It is essential to follow up with your DSO/ARO after they submit the correction request to ensure it is being processed.
Can I remain in the U.S. while my SEVIS record is being corrected?
If your SEVIS record is terminated, it is critical to take action immediately. You should consult with an immigration attorney to understand your options while the correction is being made.
What happens if I don’t act quickly?
Failing to address the erroneous termination could affect your F1 status and your ability to continue your studies, remain in the United States or participate in Participate in OPT/CPT or your exchange program.
Can I contact the SEVIS Help Desk directly?
Yes
We understand that this situation can be stressful and confusing. If you or someone you know is affected by this issue, do not hesitate to reach out for assistance. Our office is here to provide guidance and support throughout the process.
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